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    Locke Lord has a long history on the cutting edge of legal and market developments in the renewable ‎energy industry, a tradition that continues to this day. Our firm founded and led the charge on behalf of ‎the Renewable Energy Coalition for the deregulation of Texas’ energy markets in the early 2000s, opening ‎the door for the explosive growth of wind energy development in Texas. Since then, we have built one of ‎the nation’s leading practices representing developers, investors and lenders in the development, sale, ‎purchase, financing and operation of renewable energy projects of all types across North America. In all ‎of these phases, our depth of experience in the energy sector enables us to provide our clients with ‎‎‎valuable business counsel and insight.

    Project Siting and Development

    Locke Lord has one the leading practices in the nation representing project developers in the siting, ‎permitting and development of renewable energy projects. We provide strategic counsel to developers in ‎scoping and scheduling the suite of resource assessments necessary to ensure that a project demonstrably ‎minimizes its impact on environmental resources and the surrounding community. Our vast experience in ‎permitting projects gives us key insights into the expectations and sensitivities of local, state and federal ‎officials, which we use to advise our clients on methods for avoiding confrontation and delay and building ‎support for the project. When permits are necessary, our renewable energy lawyers have a strong track ‎record in securing needed authorizations essential to the economic success of a project, from county ‎special use permits to major environmental and land use permits.‎

    Wildlife and Environmental Issues

    Locke Lord is recognized within the industry as having one of the leading practices representing project ‎developers in the complex and rapidly evolving wildlife and natural resource issues that can make or break ‎a potential project. We routinely advise clients on permitting and compliance under the federal ‎Endangered Species Act (ESA), Bald and Golden Eagle Protection Act, Migratory Bird Treaty Act and ‎similar state wildlife laws, as well as traditional environmental laws such as the federal Clean Water Act, ‎Clean Air Act, and the myriad of laws governing issues such as water supply, waste management and spill ‎response. The counsel we provide on these issues to many of the nation’s largest project developers goes ‎beyond mere legal advice; we serve as a key part of the client’s project team, providing practical and ‎strategic advice on all aspects of project permitting. In this capacity, our lawyers have played a leading role ‎in major permitting initiatives such as the Midwest Wind Energy Multi-Species Habitat Conservation Plan, ‎helping to devise solutions to issues that have confounded the industry and regulators, such as methods ‎for implementing the Evidence of Absence biostatistical framework to facilitate the issuance of incidental ‎take permits (ITPs) for endangered and threatened bats. Our experience in this area delivers real value to ‎our clients, as we have obtained two of the only seven ITPs issued nationwide for incidental take of bats at ‎wind energy projects, and done so on terms that have saved our clients millions of dollars in lost ‎generation and mitigation costs.‎

    Leasing, Tax Abatements and Local Issues

    Locke Lord has been representing developers in project leasing and local government issues such as tax ‎abatements and infrastructure agreements since the late 1990s. We have the skill and experience to ‎effectively ‎‎manage relationships with local governments and stakeholders to ensure project acceptance or ‎successfully ‎‎manage opposition elements. Our team includes some of the most experienced lawyers in the ‎industry on these issues, enabling us to provide the kind of practical, insightful advice that can only come ‎from deep experience and understanding of the industry.‎

    Energy Regulatory

    Locke Lord has a robust practice advocating for the interests of the renewable energy industry and project ‎developers in front of the Federal Energy Regulatory Commission (FERC) as well as a number of state ‎public utility commissions and energy facility siting boards. We have assembled broad coalitions of ‎developers to lobby the FERC on critical policy initiatives involving generation interconnection, ‎transmission and market design. Our involvement extends across all major regional transmission ‎organization (RTO) markets including the California Independent System Operator Corp. (CAISO), ‎Midcontinent Independent System Operator, Inc. (MISO), PJM Interconnection, L.L.C. (PJM), Southwest ‎Power Pool, Inc. (SPP), and the New York Independent System Operator (NYISO). We assist our clients ‎by advocating in these RTOs' stakeholder processes and before the FERC and the courts. We also ‎regularly work with the American Wind Energy Association (AWEA) and other renewables industry ‎organizations before the RTOs and the FERC.‎

    Capitalizing on our deep experience in the MISO and PJM markets, Locke Lord has made numerous ‎reactive power filings at the FERC, resulting in our clients receiving awards of millions of dollars per year ‎for the next 30 years for existing renewable generation projects in those markets. We are at the forefront ‎of these reactive power filings and have a deep working relationship with FERC staff who decide these ‎cases. This is just one more example of how Locke Lord delivers tangible value to our clients.‎

    At the state level, in addition to leading the effort to deregulate the Texas energy markets, we have played a ‎key role in major initiatives such as the Competitive Renewable Energy Zone (CREZ) process. Our team ‎includes former officials and staff members from multiple state utility commissions, enabling us to provide ‎key insights and strategic counsel essential to navigating these complex regulatory processes.‎

    Commercial Energy Transactions

    Drawing from our deep roots in the energy space, Locke Lord’s energy lawyers bring to bear experience ‎from a wide range of engagements in the fossil and renewable power arenas for the benefit of our clients ‎and their projects. Our team has handled myriad power development, supply, trading, retailing and ‎lending issues for clients in their development efforts, giving us an intimate understanding of the ‎interrelation of each aspect of the business. More than just negotiating a power purchase agreement, we ‎are able to advise our clients on matters such as how retail customer credit quality will impact the wholesale ‎supply and financing of generation development. When typical structures will not work, this deep ‎understanding of the energy markets gives us the ability to propose creative solutions to achieve our ‎clients’ desired results.‎

    Project M&A, Financing and Tax Credits

    We represent developers, investors and project owners in the sale and purchase of ‎‎renewable energy ‎projects and assets, both domestically and internationally. We routinely negotiate asset and equity purchase ‎agreements, project governance documents and other ‎‎critical project agreements. For proposed ‎investments and acquisitions, our ‎‎extensive experience in project development enables us to provide ‎comprehensive yet efficient analyses ‎‎during the due diligence process, including the evaluation of ‎environmental and permitting risks, the ‎‎assessment of the real property and other rights and assets ‎essential to a project and the review of ‎‎applicable federal and state regulatory and tax issues, including tax ‎credits and other incentives.‎

    Our energy lawyers have played a key role in the financing of thousands of megawatts of wind, solar and ‎other forms of renewable energy projects. We combine the broad energy finance experience of one of the ‎nation’s leading energy practices with detailed knowledge of the tax credits and structuring considerations ‎specific to the planning, financing, construction and operation of renewable energy facilities. Our tax ‎lawyers have extensive experience in analyzing and applying IRS and Treasury guidelines with respect to ‎beginning of construction requirements for certain renewable energy projects, and placing such projects ‎into service for federal income tax purposes in a matter that maximizes eligibility for tax credits.‎

    Unlike many firms that focus exclusively on project finance, our knowledge of the commercial issues and ‎our experience in siting, permitting, real estate, regulatory and other aspects of project development means ‎that we can often handle the local counsel issues in house as well as provide more practical and insightful ‎due diligence support. This enables us to provide broader and more cost-effective representation for our ‎clients in both project financing and mergers and acquisitions involving project developers, portfolios or ‎individual projects.‎

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